Empirical Constitutional Law: A New Theoretical and Methodological Approach

EmpiriCon aims to transform constitutional law into an evidence-based field by addressing empirical gaps through theoretical analysis and multi-method studies, enhancing decision quality and public trust.

Subsidie
€ 1.500.000
2024

Projectdetails

Introduction

Constitutional law worldwide suffers from an empirical deficit: although evidence is needed to apply the law to concrete conflicts, constitutional analysis is dominated by high-level value judgments and pays little attention to empirical evidence. Unlike other fields of law, there are almost no empirical studies regarding constitutional controversies, and most courts, legislatures, and executives have no adequate procedures for establishing facts or reviewing evidence in constitutional matters.

Consequences of the Empirical Deficit

The empirical deficit of constitutional law has detrimental consequences. It:

  • Generates unpersuasive decisions
  • Brings about inadvertent societal consequences
  • Breeds accusations that constitutional decisions are subjective and biased
  • Lets unvalidated facts influence decisions in the absence of proper procedural safeguards

Project Overview

EmpiriCon will develop a new approach that offers to rejuvenate constitutional law as an evidence-based field of law. This will be achieved through:

  1. A comprehensive theoretical analysis of the empirical gaps in constitutional law (WP1)
  2. Six multi-method empirical studies of key constitutional gaps (WP2)
  3. Eight survey experiments that examine the implications of rigorous fact-finding for public trust in constitutional decision making (WP3)

Methodological Approach

I will develop a new theoretical and methodological approach (WP4), showing that empirical constitutional law is not only theoretically justified but also methodologically feasible and concretely valuable. This approach will:

  • Ground constitutional reasoning in transparent methodology
  • Improve the quality of constitutional decisions
  • Potentially increase public trust

Risks and Limitations

Simultaneously, the shift to empiricism involves risks, such as data manipulation, and has inherent limitations. I will incorporate the limitations, map out the risks, and propose ways to tackle them.

Conclusion

If successful, the project will transform constitutional law, with far-reaching implications for scholars, legislatures, executives, courts, and litigants.

Financiële details & Tijdlijn

Financiële details

Subsidiebedrag€ 1.500.000
Totale projectbegroting€ 1.500.000

Tijdlijn

Startdatum1-5-2024
Einddatum30-4-2029
Subsidiejaar2024

Partners & Locaties

Projectpartners

  • THE HEBREW UNIVERSITY OF JERUSALEMpenvoerder

Land(en)

Israel

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